HomeMy WebLinkAboutItem 12 - Walmart Agreement ROW AbandonmentMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER%
MAY 21, 2002
AGREEMENT WITH WAL-MART RELATIVE TO STREET
RIGHT-OF-WAY ABANDONMENT
City Council consider approving a Road Abandonment Agreement with Wal-Mart Stores
Texas, L. P. addressing the abandonment of Industrial Boulevard and Regional Road
rights-of-way through the proposed site, and take any necessary action.
BACKGROUND:
The development of the Wal-Mart and Sam's site includes the closing of Industrial
Boulevard and Regional Road through the site and the abandonment of the street rights-
of-way. The completed site will provide public access from the north -south leg of
Industrial Boulevard though the site to SH 26 at Ernest Dean Parkway via a dedicated
Public Access Easement.
The approved plat of the property for the Wal-Mart and Sam's development reflects the
roadways being abandoned subject to the conditions of this Agreement.
The Road Abandonment Agreement stipulates that:
• The abandonments will not become effective until City and other utility facilities have
been relocated,
• The City Of Grapevine shall incur no cost for these relocations, and
• Upon satisfactory completion of the conditions of the agreement, the City shall
formally abandon the rights-of-way by ordinance.
The City Attorney and Wal -Mart's attorney have developed this agreement to address
both parties' needs.
Staff recommends approval.
O:\agenda\05-21-02\Walmart Dev Agmnt
May 15, 2002 (11:30AM)
AGREEMENT REGARDING ROAD ABANDONMENT
This Agreement Regarding Road Abandonment ("Agreement") is made this day of
, 2002, by and between WAL-MART STORES TEXAS, L.P., a Texas limited
partnership ("Wal-Mart"), and the CITY OF GRAPEVINE, TEXAS (the "City").
WHEREAS, heretofore, Wal-Mart has purchased approximately 38.4 acres of land
("Prope ") situated within the city limits of the City; and
WHEREAS, in connection with its anticipated development of the Property, Wal-Mart
has filed its application for a replat of the Property; and
WHEREAS, Industrial Boulevard (sixty (60) foot right-of-way) and Regional Road (sixty
(60) foot right-of-way) (Industrial Boulevard and Regional Road shall be referred to collectively
as "Roadways"), being dedicated public streets, extend through the Property, and subject to
satisfaction of the terms of this Agreement, the filing of the replat of the Property would
accomplish an abandonment of the portions of the Roadways extending through the Property; and
WHEREAS, the City desires to clarify the conditions upon which the abandonment of the
portions of the Roadways that extend through the Property will become effective.
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. Notwithstanding the recording of the plat, the abandonment of the Roadways by
separate instrument will not occur until the following have occurred:
(a) Relocation of city utilities and related structures and all other facilities
within the Roadways. The City will incur no cost in the relocation of
any facilities within the Roadways; and
(b) Erection of proper barricades across the Roadways.
2. Wal-Mart acknowledges that the City shall bear no cost in connection with
making all appropriate arrangements necessary for all utility relocations and all barricading as
described above.
3. Upon satisfaction of the conditions for abandonment referenced in Section 1
herein, Wal-Mart shall notify the City in writing of the satisfaction of said conditions, and the
City agrees to abandon the Roadways by city ordinance.
4. If the conditions to the abandonment of the Roadways have not been satisfied by
December 31, 2002, then upon request of the City, Wal-Mart will file a replat of the Property in
which the Roadways shall be dedicated as public rights-of-way in the same locations as existed
prior to the filing of the replat.
5. This Agreement may be executed in several counterparts, each of which shall be
deemed an original, but all of which, together, shall constitute one and the same instrument.
AGREEMENT REGARDING ROAD ABANDONMENT / GRAPEVINE, TEXAS (CRI) STORE No. 4795-00
16358.217 / 5/15./2002 / D-walmart Dev Agrnnt -Document PAGE 1 OF 3
In witness whereof, the parties have executed this Agreement as of the day and year first
above written:
WAL-MART STORES TEXAS, L.P.,
a Texas limited partnership
By: _
Name:
Title:
STATE OF ARKANSAS
COUNTY OF BENTON
This instrument was acknowledged before me on 2002, by
of Wal-Mart Stores Texas, L.P., a Texas limited
partnership, on behalf of said limited partnership.
Notary Public Signature, State of Arkansas
(PERSONALIZED SEAL)
AGREEMENT REGARDING ROAD ABANDONMENT/ GRAPEVINE, TEXAS (CRI) STORE No. 4795-00
16358.217 / 5/15/2002 / D-Walmart Dev Agmnt -Document PAGE 2 OF 3
Is
CITY OF GRAPEVINE, TEXAS
By: _
Name:
Title:
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on 2002, by
of the City of Grapevine, Texas, a on
behalf of said
Notary Public Signature, State of Texas
(PERSONALIZED SEAL)
AGREEMENT REGARDING ROAD ABANDONMENT/ GRAPEVINE, TEXAS (CRI) STORE NO. 4795-00
16358.217 / 5/15/2002 / D-Walmart Dev Agmnt -Document PAGE 3 OF 3
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